DASARI NARAYANA RAO Vs. UPPALAPATI RAJENDRAPRASAD

JUDGEMENT

(1.) The Petitioner seeks for quashing of the entire proceedings in C.C. No. 3 of 1979 on the file of the Vth Additional Judicial Magistrate of the First Class, Vijayawada.

(2.) The proceedings in C.C. No. 3 of 1979 arise out of a private complaint filed by one Uppalapati Rajendra Prasad alleging that he is a renowned publisher and book seller at Vijayawada running the business under the name and style of Sri Rama Book Depot for the last several years. He purchased the permanent copy right of the stage drama titled 'Droupadhi Mana Samrakshnamu' inclusive of mono-action of Duryodhana Maya Sabha drama written by late Mokkapati Venkataratnam of Vijayawada on 27-10-1970 from the original author with absolute rights over it such as staging screening, gram phone recording radio and television broadcasting, printing and publishing etc. Thus the complainant has become the absolute owner of the said drama and as such none is entitled to print publish, screen, reproduce, staging, gramphone recording, radio broadcasting, etc. any portion from the said drama title "Droupathi Mana Samrak-shanamu" without the permission, consent from the complainant. The complainant also makes it abundantly clear by publishing in the second page of the book itself about his acquiring permanent copyright over the said book. He also published on the last page a notice that if any one infringes or violates and acts contra, they will be held liable and responsible civilly and criminally. The complainant also published in the daily Andhra Patrika dated 7-11-1970 informing the public at large to the effect that he has got permanent copy right, over the said book for the purpose of staging, screening, gramphone recording, radio & television broadcasting, printing & publishing etc., and warned not to infringe his copyright without his permission and if any one infringes, he will be laible for civil and criminal action. While matters stood thus, the first accused, Dasari Narayana Rao, a famous writer and director knowingljy and intentionally reproduced without any modification the mono-action of- Durvodhana in Maya Sabha from the book titled 'Droupathi Mana Samrakshnamu in his book title Devadasu.Malli Puttadu as if original auther also recorded the same as Director of the film Devadaus Malli Puttadu and maede to hear the same reproduced in the said film. Thje complainant also contained that A 2 anb .3 who are the producers of the said film "Dev^adasu Malli Puttadu" produced the picture and got it exhibited at severalimportant towns and centres on the save ofAndhra pradesh from the month of March,1978 onwards and earned huge amounts of profits because of the reproduction of the powerful, effective mono-action dialogues that emanated from the mouth of Kumari Vanisree in the role of Duryodhana in the said picture " Devadasu Malli Puttadu ". Had not this infringed mono-action portion been recorded, the said picture would not have been a success and got so much of the profit. A-2 and A-3 along with A-1 are also held liable and responsible for reproducing the infringed important portion from the said book " Droupadhi Mana Samrakshanamu " for reproducing, copying, screening, recording etc. The complainant further alleges that A-4 being a famous printer and publisher, knowingly printed and published the reproduced portion mentioned supra copying from the book titiled " Droupadhi Mana Samrakhapamu". Thus all the accused, as writer, director, producers. Printers and publishers are liable for infringing the copyright of the complainant and thus all of them have committed an offence under section 63 of the COPYRIGHT ACT, 1957.

(3.) In this petition I am not concerned with A2 A3 & A4. This petition is filed by A-1 Dasari Narayana Rao, the author Director, Story writer and Screen Player of the film " Davadasu Malli Puttadu ". The petitioner contends that, even if the allegations made in the complaint are taken at their face value, they do not constitute an offence under section 63 of the COPYRIGHT ACT, 1957.